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= r ~ g - CO ! "FT CF QUEER'S BE ^ CII , Fr : day , M-i 5 r 5 i / n ; .-cs in Baneo . J SE 2 n ? E 2 ? CES ON THS GH-331 T 1 STS . THE QCEE > - r . COOPEB A ? D B 1 CHAUDS . TJ i- ! i frjj ' - . iiCt ; r . ppeired in court this ia--rnirg . L -1 C ?« f Jz- «; « * £ 3 Mxx asked if th 6 y had any afficsT ! iti ii- z-uz in ? T ¦ _ . " : - » . - _ * - C ' f ' per * fe ^ n T ' Jn ED sffl- "iaTit , * tatjj ; v . -.-,. - ¦ , : ? i A- riT-. ii sseinst bini ^ Su ; nbrd eh" S r - ¦ ' : ¦ ¦ '¦ :, -. - ' < " - > s & £ d acts ai ] e $ ed to h » Ti i <* i ¦ ¦ ! : - v" ¦ ¦ ^ 7 ~ - ^ f ' efaEiiacts and otter : ; ££ - _ •_ -.-- .- ~ - ir . m Lfce fUct of the ffiSDnfacfcur * rs ' ir' - ' -i- ?• - " u " ' " tre Tares of their workmen . At tt- r . . < : : t . tuife of 5 * - € -rch ts .- \ been allow * d by tL- —¦ - - !"• * t 1 " ke mafisrrecj - * r ; 'J other "wenHnj nt ^ c , - .-: - pnace was strotgtr than ' . hat u » > i = * - - - ' _^__ -T ^
by . . rr- _ r-- rac K . er . if '' ^ t 3 :-. t V- \ - rtj .- : i - ¦ i i ? .- ; Avti Brei . d Tax Circular , ¦ w ; : - .. : : r- Orn . La « League , of v . huh mar ? < - .: c ! a- -- ' . rr-t-i *> -ie ircunbers . "i be f fndav-t U-tr - ; ¦ ; : v -s . tr . of uom tt \ s publication , K : ¦ - f . r ¦ . : e- c- on , ¦ who tras reading the affids ~ * . ; - -:- ' y 1 -j D £ > i 1 A :.. - - - ¥ & : ('¦ he icp-.-d the affidavit did not atiin ms . i " :. ? r of thEt i : cd bt ^ . iue it die * D-. - . t' - j . t ir : v . iv-i- 'ifciti , - i > the cfise ; it could otfy b-j " w ^ t ¦ ' to show the kind t-f ir-J ^ ui ^ e wLiaii htc D-tn n-tro ' ut tnt Court < k > uli cut pincit iibtds »* oir ::. otJ .- -who -were not preetst to be placed upon the Hits cf' !> court C per paid , that he and his veceraHe friend . B ¦• - iids should fe ? l aggrieved if they Were cot ai-Icn * ' to h :-. T ^ the affidavit w > a * i .
L .-o PzmiaN sa > d they -weie not tryiE ? otLer psrt ¦ = nrt' ihe misrencuet of others was no jusriflcatio : ' -ht ^ C-fi " of the otfeadants . C ' . •!*! ? s . in it was their fc ' . iin i that t > . ey - ? PTe ri ' jt the gBi ? :.. psrtits , but that other pireots Were , weohad rot beta : cdictfd-L- r j DZ 5 MAK said that haaastbicg to do ¦ withiucitin * ' ¦ : ¦ sfedition . C- p ^ r said they murt beg the Court to allow the affid » f- » be read . L -d De > 'Sa > - said they nilijht h&re the benefit of tht arranitnt withont the Court bearing that- r ^ ad , " »> --ri > -was j-articuiarly offensiTe , aod perhaps might be le <'; ns .
C v . ptr ± Jr . thr-y felt it bard that thty , W ¦ Wortiog Kfr . -tonia t-e incicttd , -while tisose T » ho w « re great in the : _ E < i -wire Buffered t « go free . Tcis appeared to tfcf n : to be eomethiBg like » screer . ing of tlie rich ; it . « v . rDfcd like one ltw for the rich and Miothe * for tfcf j- ' -1 . If the affidaTit » aa net read , he Ehculd feel it to d - m . jn £ t . They were so perpetually interrupted at Stiff rd that they did not expect such treatment La thii C-. ur - . 1 > -1 Dz > Ma > " thought that » ould hare led them to tt \ r +-. it . C >> fr saii " , ' -h&t those persena in antbority , to » t . i . > the pc ; r Uoked up , had net been prosecuted by the ixiweniirent , vhile the ¦ workisg men had been in ^ v - . 1 . L - _ , Denmas said if b « ehooe to put fonrard & gesera ? * rij .-ftt t <> that effect , tbez& iroaid b& co ohjeetii- ' r-nt the whole of the time was not to be t-. ken tip in ht ' . r 'g libels charged on otber parties not Dcf- _ , re che
C-- per ssid the affid » Tit xne so arranged as to form a ser . t > v . f extriet * . fhu-s-iiigtbspartieB who were to olame . Hisatr-anxeiit •»«¦ that ice Q-oTernment bei ^ g aware of th :. « Lad toknted i ; to such a degree a » to amount to a ¦ aDcti-ia . L rd De > -5 Ia > - said that might b « stated in fener&l tertLf in the affidavi ' , bet the Court could no * , permit tfab iffii ' s ^ it in its present st&te to be put upon the files of th ^ C crt . Cooper said be feit a strong relneta » cs to take the mdsTit b&ek ; it appeared like assenting to an irin ^ -ce .
L : i Dznman -would not allow the affiaaTlt to be read . b- ? dr frndsnt * . if they did not choose to alter the aSd tu . might address the Ceutt in mitigation of . puni 5 b T ? nt C > -. ~ t saM he could not then defend himEeli , andhe mit . i * -Wfl-sit doirn at ence . L- : i DEM « LiS—Sit do ^ s-n , thtn , if yon dont choose to a :- ' icss the Ccurt in mitiranon ; ve giye yon-the oppc"unity if yon think piuper . Ci- ptr ss . id it -would be impossible to proceed if he in * r-it « i , in this manner . He waa abont to request the Court to reconsider their determination . If he "was thn $ o be treated it was impossible he could Address the Court .
7 - -. defendant Richards th ? n proceeded to address \ h- C- 'urt . He irocid take a short reUcspect've Yiew of tJ . » - cause and cr . gin of these disturbances -which had di ££ ; =. ced Staffordshire during the summer of lfc * 2 . It was tsvU known that there were iri'n marters cairying ou exttrnsiTe works in that county . From some cause reduci n was made in the wai . es i f the workmen -, this redncti ^ n hsd txasperated their minds ; but they had BtnuAled on witla the difficulties aris ng from tbe ^ reductoB for dome -Wfctks , "when a still crea . ter reduction took place , and eventually some outrages bad taken plac * -. They wer * charged with betog the instigators of iz < - catriees , but be would &&k permiasiou to draw the siten ^ ca of ihe Cocrt to a circanistaiice which ha < 1 ••• arjplred in the town of Burslem some days befen- the coi 7 : * i-nctment of -what were termed th * P < rttry riots . Tcc ; e was some coiiection made I ^ t xhe rcrr- -: cf those who were cut of enjoyment- They coi ^ c-rred themseiTcs to be ir ^ nlted , they were arreste ¦ : and corr . 3 ii : ted to prison Tse men , unased to that kin' « Jt Lreatnicnu inune iatfely detoraineci on the release of * be r litricbtours . Tbey tccomplishsd it . This was two TeeSa before the outrage , aad it could nut be said ti .: t he Did his friend Cooper could be the instigators . The Cocrt wenld see that the origin and cause
must b ^ . i- * ci the account those wfcu 't tnrc ^ d th ese men cut of employment , and had exi ?' -rated the minds of their workmen . He coni'i not be the instigator of a thing of wbicfc Jicknsw Doth ' . rg . and bad bo acting pfirt >* a imc ^ -aiil r '^ . l-sre -srhat had taken plac *> m&re than him-Be : f . He ttcczht from his general c&aractti , ne- » er hsT i ii « be ; j bufure a magistrate Jor thirty years , thai thr C > ort weuM prarumt ; he had not been sucb an in-Btigattr . H = hor : d that circumstance would have its dur wcigbt npon tfc-: ir Lordships' minds . He admitted that i , e Lad iccoKiiieLded a ce&sation from labour , but ¦ witt -bc ? = conditiens—that every man should k ? ep himse'f t . < .:. and net become a burden on the parish . That adTic- Wi 8 sot acted upon , and the unf urtunale
occurreuct : onk pbce . He lamented thai many of the guilty parUts actel nn ^ er the influence of liquor . There existed na proof that he had in the slightest degree instigst « o any of tbsse partiee to acts of Tiolenoe . He would refer io the eviiezioe of Andrew Rowley . That witness - •¦^ 'o ^ to lixcls which he mast kare known to haTe be ? n ' s » se . He ^ ould call t he attention of the Court to the -Ti-ieace A s person of the name of Forrester , and ts the Luecons at Stoke , The meeting was conrened for the p ^ rpo « e cf obtaining means for the snpi-ort of tbo « - who are in distress . It was called together by tht : u : t . orxUes , and held by their consent ; as that -was the cite the meeting could not be ctmsideied s » s illezai in it * character , and he could not eonceive how his ^ rttcdiocs « t that meeting could be considered as a bre&ch bis ony was the
of th . iaw , ^ articulariy a ^ oiject relief of b i fellcw creatures : n distress . Forrester stated that Jc * rph Gapper effsred to ore npiis property provided any o-her perssn attendiEg the meeting would second th-= n :-. rlon . He did not think that the evidences of 2 klary Bradiey , who was the wife of the policeman , ccgfct to hare been admitted . He had declared that he ha-1 an objection to serve in the army . He did not thiiik thij bis objections on this ground ought to Lnv- militated against him . Tbe observation as Eide in the ccurse cf privite conversation , ail i * . was monstrous ir justice : hat this ob-8 crTi ; i . > n fch ^ uia be brought agaii ^ s : him . Tht vritness Br : ui : re was little le& 3 Vhaa a maniac He could > -r .. a uttle cifficulty establish that he wu ^ ot cf »<> UDd
iini . ind his evidrnce against him -sris worth little or : o » Li ^ g . Had he btcn perEcitttd , he could have pr&-cctri the most r-spectible eviderce to substantiate ev-r } rhm ? that he had stated . He bad observed , and wouic ! repeat it ae * J 3 , that tbs labourirj ; man had no protection , and therefore he had recommended , the sdopuon of the Charter . This h = d pr . dnced great discontent among the Hb&uring classes , given rise to angry feelings , and led to the acts of violence of which they hid been chs-gbd . He maintained that universal representation wbs a right of the peopla As the possession of the fck'Ctive franchise bettered a man ' s condition it was natural that their doctrine should meet wilt such universal support among -the labouring classes and workiag men , Without the possession of this
right the poo ? man could not be elevated in tbe condition of society . He repudiated the imputation of beini ; a Destructive- If it were a crime to advocate Universal Suffrage , hs must continue as long as he lived to csuna-. ii tiat eriminil offsree . He had travelled curing tw = i : ty years of bis life , aod had seen ranch ol destitution ; he had seen people naked and s-arvirg ; and was it surprising , having Been this distress , that he should feel f i the sufferings f bis fellow-creatures ? It was to nvti ^ ats this distress that the People ' s Charter was originated . The poor girls of the mining districts were in a state of slavary far mere revolting than th * ¦ worst description of slavery in the Wtst Indian Islands . Be had been in the Wort Indies , and speke from personal experience . Was it not * benevolent object to endea"Toui to alleviate tbe condition of the working people ? As for tie Ballot , it would be of no service to him ; but MB means of protecting the poor from tiie vsngeanca of
their richer neighbour * , he advocated secret voting . With regard to the abolition of tbe property qualification , the Chartists only tfaimed that which they had a ri £ bt to by tfceaneieat principles of the constitution The Cfaartisti iteo adrocrted equal electorial districts tbroogbfwfcttweoontoy . Tb » were the viewi of the CbaniritB . Bi bad adrontoA these pnnuplM for the L-Lf . ilJ Jfli Hi * totoawere Charlos James Fox , Major Caztve ^ tt , and other eminant men of that , day . Another anridantio ? be vnbed to bring before the Court was , tbatb * had already been incaroerated twelve weekj . Heapp'ietlfcr bail , bat whether magistxates mtdeutoodMrn « ri » t , he « 4 Bot know , bat be to B 0 ti * Se& ^ Be had sofctbea Sees tried , and was only cbanfd with a adademeawa * . He bad for three weeks oary one poand and ahalf of bread a day and the pump . Wat that the way to conciliate his mind ? If that was the intention , was that the plan to adopt ? . They had
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r Ti- 'iel fc ' a prircii-lea upon hia inir . d by 'ht-ir cui . cuci . ; -e tra . " ar . ct !; tr Sijurce—th < - liHle petuiint jealoabies tu-umesv&u tu'Bards him by tbo ^ a who ha »\ former ' . y rfri-ectedhim , and thought it an honour to walk with ! ; -. ii ; . Oae of the consteble 3 asked him a few days be'' « o Us arrest why he Ci 6 not lun aw . * y ? He an-• rs-erfed , no , never would he run away when he was not truuty of a crime . He believed all that was wanted was tbo bnnisbmLDt of himself and a few others from tLe town . Bltliough he bad Dever injured any one . He \ ¦ cruuld not advert to his advanced period of life , but leVj the Court consider tha expeuce to which he had' been put in defending himself , and he thought the Court . won" d tbeu think he had been pretty well punished for i a !? citing tbe People ' s Charter . He hoped the Court i
would lock at all the circumstances of mitigation which j mi ht arise to their minds from the arguments be had i ursfed in his favour . ¦ Tha defendant Cooper then proceeded to address tbe ; Court . Had the affidavit be « n admitted , it would have alleged th ^ t they bad erred , if tbey bad erred at : ail . in following a pruseient set them by the Anti-Corn L ^ w Ltngue , and tolerated by the Government . He ! tr-tw :- had bsen observed by the Judges that the con- j one ; of tbe Acti-Corn Law League w , i 8 no justification \ for his aeed fritnu and himself ; if the League broke j the law , it g . we others no riaht to ds tbe same ; and be knew that more than one judge had said , that it tbe L ague had done that which vss alleged against it , the parties ought to have betn inciictcd , and that if in- '
('¦ v ' t-o , they would be convicted . Bui so far from j < - > i-2 that the League broke the law , his friend and j i-irc--- ? , argued thut tbey Were following tbe example j v : ; ..-, ' " n < ffice , and that they mud be keopug » ha ' ^ .-. v , ; , , ; ; rtaking it . It waB impossible that the com- ; !¦> .. ¦ • ; ¦ •»• i . ould b « at all t ^ Tare that it was -wrong to j ;} :,. •> . ;? ^ ti L ^ e who ware above thtin . Their conduct -... ;« » -rm-tttd by tie Qovtr : mtat , and how could tbe ar « iti . ' 9 * ed people know that they wtre wrong ? Every i :. an k : rtr vrhat was meant by mnrder , and ctiier crimes n * ifa . c nature , but tbey did not know , nor did the majority of persons in that court kcow what was [ rcuir . t by Btdnion . Tbe Govc .-nia' -nt alone knew it . The Govemmtnt know wbat they meant by sedition , '
which was som * t . b . ing teiidiDg to bring the Government into contempt ; and conspiracy was something tending ' to -bring tbe Government inlo dangtr . Tbey could not j 1 jse sight of the fact , tttut a large number of persona who were wealthy and substantial had used language ' for months part far stronjffer thsn any used by himself or his f : Jena , and that those psreous were still at large .: They felt they were Seated with great iajsatJee . J They had read criticisoar « pon th * sets of tbe Governrccnt kjjb * Asti-Cor * LomCirtUtur , Uxe MorninffChnh : niele , tteffJiWgfeg , anti other pspers , in which was bvugu&ge : ibore tcftarngfttofy than « ay tbey bad used . Tbe de- ; fafidant & « expressed bis thanks to Lord GbkCJustice Tindal , and ttte judge who bore the honoured name of , Erskiue . for the kindness and urbanity be had received
at their bands . He also thanked tbe Solicitor-General ' for his conduct towards him , and he wished be could extend it to Mr . Serjeant Talfourd . The people ima- j c ' m ^ i ib . tt what was allowed to be said in 1810 might ; ^ prnnitted in 1843 Although tbe affidavit was not rvceivtd , yet as sense observatiocs were permitted hin > , he trus '^ d tbe Court -would onceive that they bad i atron £ ground for praying mitigation when they con Id j shew that persons in authority had used such strong ! UrguKtie . In tbe Quarterly Review , Times dec , it had ' bf-en stated that tflb Auti-Corn-Law League bad spread ' sedaiou through tbe land . These facts had been stated \ ov -r and over again by the organs of the Government . ' Etcit one knew what was meant by murder ; common ' people know that murder does not sanction murder ;
but it w&s evident there is a broad distinction between that and sedition—that the common people might presume that when strong language was permitted to persons in power , these who take them as their example might think tfctmselvoa ill-treated if they were nut allowed to adopt the same Ii e . As the Government were the only judg&s as to the extest oi comment to be made upon their acts , if people suffering complained , and it was natural tbey should , when men in rack used such lai . ruws , the defendants stood , in their own conception , justified in following them . Those persons remained not only unpunished , but unchecked , and be complained of the eondnc . of the G-jvernment itrelf , in not acting in a fatherly manner . If it allowed the wealthy and those -who sit in
tie Senate-house to spread sedition , tbe Chartists felt it tx ' -r&raely hard that such a Government should cause them to be brought forward for punishment . It was Dot their object to cry to the Government to prosecute the Anti-Corn Law League . Songs had tetn published by the League , and yet they were permitted . The Chartists in their hysons bad Dever used such language . Nothing was so like to raise into rtbellion as the belief that there was one law fur tbe rich and another for the poor . The Government could not plead ignorance of tbe real cause of the evils ; every common man knew that his betters read ail the publications which contained such arguments , that the conviction of the Conservative party wu that rhe Anti-Corn Law League were the authors of 2 : 1 the outbreaks . There was a wide difference
between that case and those in Lancashire . Ii uiight be said he was mixed up with violence ; that although be rmsht speak in mitigation , be bad no legal argument to urge . He had noticed tbe intense eagerness of the Lt-rcrwi Serjeant to remind the serious Attor-Rt j-Gei . cral , who did not s ** m much indited to firm upoD the c&be , of every circumstance that bore 5 aiiic-ariy against him , while tbe Court was reading the report of the evidence yesterday . As those tbifiga j intly wouid be urged agaiest him , he would direct his attention to the main point . It had b «* n said that be bad ix-en called by the Morning Chronidc the precursor of the Pottery outbreak . He had read the observations of ths Attorney-General in theHoupt of Commons ¦ sith great surprise . He thought it extremely bard as be was not at trial that he should have been procetded against . He did not deny that he waa at the PotterieB
against vio . ecce auu against tunvnue , but he repudiated tbe in : potation of the Horning Chronicle that he was the precursor of these outbreaks . He wished to direct the attention of the Court to the patchwork of which the evidence against him was composed . There was a r » aJ incompttency aboutftbe evidence of James , Davenport , toe surgeon , and others . James observed that they should not cram the Chwter down hia throat , and yet he said he did not know what the Charter was This witness was an uneducated workman . He ( James ) 83 'd that if be had to pronounce sentence , that they ( . the Caartifcts ) should have fourteen years of it . This man said cf Richards that he ( Richards ) had obferred , alluding to tbe Queen , if these are the Queen ' s sympathies , then to bell with her . Now Riccards bad not
altered at any public meeting at the Sea Lion any such language . The chairman tod many others who were present at that meeting bad not heard bis venerable friend Richards make use of any sucb language when speaking of the Qaeen . ' He was , being a minister of the gospel , incapable of doing bo . He kad been charged with committing arson , and when this point was urged against him on his trial , be bad interrupted the Learned Sergeant , and he had declared it was an irrelevant point to bring against b ; m . Brennan was cne of the incompetent witnesses-He bad asked whether that man was insane , but be had bfccQ told that that was an improper question to ask . That miD was not a proper person to place in the witness-box against him . He bad a ^ ked that witness
whether be had not been in an asvlam , and be observed with great violence that he had too good a head for that . This witness , it was proved , had in his possession ofr ^ ain stolen bottles . The policeman who gave evidence against him had been entreated by his fellow policem-. a to come forward against him , and repeat some words which it wss represented bad fallen from him vCooper } when confined in a watchhouse . Tbe policeman had said that he ( Cooper told him that he was present at one of tbe nrcs . Such was i . ot tbe fact Guld&mit * : and Devonport were also incompetent witnesses . The latter , as was observed fey the Court , bad mtjst singular notions on the subject of sedition ; this > ir Dc-vcnport observed , that raying that the House of Commons < Hd not represent the people was sedition .
He . Mr . Devonport ) did not appear to know that this language had been used , not only in newspapers , but by members of the House of Commons . Mr . Cebden had stated as much ; and yet such was the ignorance of this v ^ itnes ! that he d'd not appear to know that such exprpsiious were extremely common . If the Court would refer to the evidence of Rowley and many others , it would be found that their character was extremely defective . He complained that be was to be punished on the evidence of ; aie vagabonds , perjurers , and men ef tfes moBt *? . raved character . He would refer to the evi < it . cs of Michael Holt . He trusted that their Lordships would not give any weight to the evidence of that witnt-ss . Michael Holt , who was a Methodist , expressed himself shocked at
his Cooper ' s ) notions on tha subject of tbe Sibbath aay , the Trinity , and the eternity of punishment . He ( Cooper ) certainly exercised bis light to thiDk for himself on these points , and considering tbe latitude of © pinion allowed on such occasions , he felt thafc the Conrt would not allow this fact to militate against him . With respect to the burning of Dr . Vale ' s house , it was not established by the evidence that he bad been implicated in that circumstance . It bad been said , that he bad instigated otkers , and was himself connected with the burning of several other houses belonging to tbe clergy , and the only proof was tbe patchwork evidence to which he had referred , and the fact of bis having used language against the clergy . Was be to be arraigned for being a Unitarian ? He was informed that the Learned Serjeant himself ( Talfourd entertained Unitarian principles—that tbe Noble Duke
who had recently been buried -was as Unitarian , and i that be had inculcated such notions into the mind of tbe I highest personage in the realm—that Archbishop Whatelay , and hia Bight Rev . friend , the present Bishop of Norwich ( laughter ) »!«/» disputed the doctrine of the Trinity . Why even Dr . Paiey , the author of the Evidences of Chrittiatity , was an Unitarian- ( A langh . 1 Perhaps the meagre tens Unitarian was not sufficient for the Leaned Sergeant . If he foond dignitaries of the Church , eminent writers , in favour of Christianity , and individual * holding high stations near i the throne , entertaining such opinions , surely be ( a ; working man ) was not to be punished for following I tbe r example . Then , again , hs was not to be | arraigned for disputing the idea of the eter-| ni : y of punishment , or the divine origin of i tie Sabbath . He was capable of reading the j Testament in the original Greek , and he maintained
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that there w . ss no busn word to be found in the Greek language . The L arned Serjeant on a previous occasion bad tautted him ¦ with vanity , tbat was a subject on which any man might be allowed to be vaiu . He bad learned himself ten languages , ere he was twenty-three years old . He thought It was exceeding bad taste in the author of Jon to accuse him of vanity He might some day write a tragedy and not spend ten years over it , yet tho Learned Serjeant could sneer at a seL -edneat « d shoemaker . He did not expect Buoh sneers from tbe author of Jon . One witness stated he
had aaid tbe Bishops were rolling in splendour wbile tbe poor were starving . Tbat might be called sedition , but he believe ! it The fact waa known to all . C . mlc ! he or a teacher teU thepeople tbat the right reverend fathers in God never rode in carriages , wore horsehair wigs , or lawn sleeves ? Could he say that they were patterns of their S » vioui—of tbo man who clothed the widow * , and wiped the tfara from their eyes ? He muBt have said tbat wbich had bee : i contradicted bo often . Could he have told the people tbat which was not true ? What was bttter known than the couplet from
Hudibras" What makes a church a den of thieves ? " A dean and chapter and lawn sleeves . " He cited HowilVs Principles of Priestcraft—language much more strong than hi » bad been UBed . That book had been permitted by the Government , and had been largely circulated amongst tha working classes . If it were just that be should receive a tavere sentence , was it right that tbat book should have been Buffered to exiit ? The utility of tbu archbishops seemed to be to wield their mitres sit in Parliament and assist Ministers , and manage their large domains . So far from this being a novel heresy , a writer in thb middle ages had said tbat poison was poured into thu Church . It was said the bishop bad no fi'ck , but bad to sit in Parliament , itct-ive hia laigts Tevtnues , and sit in bis temporal courts . Ha hoped the Court would pardon a poor Chartist preacher , who had only attacked the
bishops in the eiwnts scanner as those wbo bad gone before him . Bishop PurU ; us had written that one murder made a v ; Uaiu , millions a hero ; and yet tbat very same biahop bad afterward a voted for a war , and when asked by a wivty peer whether be bad not written those lines , he answered they were not written for that war . Black wood , in his magazine , bad said in answer to a question , why was such a person made a bishop ? tbat it was because Le enjoyed the relationship of some femalfc favourite ot royalty . Wheu be had all this before him . « as it to b « u . ad tbat he was to preach the contrary » Was the Court then to send him to a prison for years or months ? Latimar ami others had said so much , and Latiiuer bail said tbat he would be unbishoped if his sovereign opposed Christianity . He had sefcii tbe fire flash from the poor m n ' s eyes when ha preached to them the conduct of those g'tat men . Was tbat to be called a violation of the law ? As
the poor bad to pay taxes , and as it was understood that the wealth o ! theb ? 3 hops formed part of the taxes , their riches bore hard upon the labour of tho people . If a . 11 Chartists w »> re put in prison to-day , they would preach Chartism to-morrow , and until they were convinced they wtr <> vrrong . Tbe defendant read a vast number of extracts from Howitt ' s book . The Government Lad permitted tin ' s hook to be sent into toe poor man ' s house , and why then should tbe Chartists be prosecuted wbo had not used language anything like so strong as be had wiitten ? He said tbat tbe binbops of tbu present day did not follow tbe tximple of Christ . He snid no more than many others had aaid before him . This ought to be taken into consideration when the Court came to the question of mitigation of punubuient . It
was extremely hard that Howitt and other writers , wbo had openly advocated opinions adverse to tbe existence of in established church , should be allowed to escape , and tbat he and his venerable friend should be brought up tbat day le receive sentence for inculcating similar notions . Why should there be one law for tbe rich and another for the poor ? If he was to be punished for honestly expressing bis opinions with reference to the abuses of the church , and incapacity of tbe clergy to teach tbe truths of religion , be would retire fioru that bar to bis prison with a strong sen » j of the treat injustice of tbe sentence . He most solemnly said tbat be did not instigate to acts of violence—that he did not commend it The Learned Serjeant bad sneered at hi * ( Cooper ' s ) bavins used tho words " peace , law , and
order . " Why should he be sneered at for doing to ? Witnesses bad sworn tbat he had at public meetings cautioned tbe people against acts of violence—tbat be had urged upon them tbe preservation of tbe public peace . He did not complain of tbe conduct of tbe magistrates of Staffordshire : tbey had always treated him with kindness . Bat he did complain of the questions which the magistrates put to a witness . The witness wbo beard his speech at a public meeting was asked what was bis peculiar look when be was making that speech , and tbe witness said in reply tbat bis ( Cooper ' s ) speech was an " inuendo" speech . Was tbe evidence of such a man to be taken ? He told tbe people that tbey were wrong to indulge in drink , or to destroy property . He was a temperate
man himself , and bad not tasted liquor for two years . It bad been said be talked about the harvest and yeomanry . Tbe witness did nut swear to any connected sentences , but merely to di ^ -juinted words . He had certainly said tbat thire weru only ten soldiers in a pirtienlar town , but be did cot do so with the view of promoting violence among the people . He oertaiuiy advised tbe stoppage of all work till tbe Charter waa obtained . The judge on tbe bench himself , said tbat be ( CoopeT was perfectly legal in recommending the cessation from labour and tbe adoption of the Charter . He bad not tokl the people to go and take possession of the harvest , and yet that had been charged against him , and niettly in consequence of the witness who talked of h < s ( Cooper ' s ) iiiuondo speech at
the public meetiues which took place jubt prior to tbe outbreak . With regard to the evidence of Palmer when be was pressed in the Court , be ( Palmer ) &aid , tbat he would n <> t s *< . ir to his ( Cooper's ) having said that it was " rgbf to commit acts of violence . It had been said tbat he ( Cooptri had declared that be commended the men for " turning out tbe bauds ; " be used the words , " turning out the bands , " r . s a technical term , wbish meant merdj cessation from labour . He knew as a democrat , as a man , that he bad no right forcibly to ompel men to cease from work . There was no evidence to establish that he had instigated others to acts of violence . Tbe Staffordshire paper had accused him of little less than treason for examining Rowley in court for four hours . There was no doubt
but that witness Lad committed perjury . This man swore tbat I was in Stafford on tbe 12 th of August , a short period before tho outbreak . Why , a thousand witnesses were prepared to prove tbat tbe statement of that witness wan false , and the Learned Serjeant himself admitted tbat the witness bad taken a false oath . Andrew Rowley said that be ( Cooperi ta . ked about the Queen ' s bastards , meaning , as be subsequently deelared , tbat 1 meant illegitimate children . When this man was pressed be could not Bay what Qui en I referred to . He entertained great admiration for her Majesty . He knew what every person acquainted with the papers knew—tbat tbe first act of bt-r present Majesty when she ascended the throne waa to banish from the palace the ilisgitiinate children of
the preceding monarch . He most emphatically declared tbat be never uttered any language disrespectful of the reigning sovereign . It was altogether false He bad always iaid , that if a tenth part « f the population of tbe kingdom would come out unarmed to support tbe People ' s Charter , it would become tbe law of the land , and he repeated that now . Tfcs Learned Sergeant had rtfleeted upon hia democracy for asserting tbat one-tenth part or the minority should attain the Charter , but the Learned Serjeant must be aware tbat the mass of the people were alwa > 8 apathetic and that every great work bad been achieved by the energetic few . The s . ime thing had taken place at tbe time of the Reformation ; it was the act of an energetic few . He meant nothing about arms ; the people were far too
poor to purchase arms . A witness had stated that he ( Cooptr ) h : id told the people to po away and attend to their business . Was that a mode of Betting fire to peoples housts ? All Ihe outbreaks and the fires had been occasioned by ihe anti-Corn Law League . The poor people were now saying that there was no God , or be would not have allowed them to suffer so much . This error be had always endeavoured to point out , and to assure tke people that when they looked at this extraordinary world of contrivances there evidently must be & great contriver . It was because true Christianity had gone out of tbe land that things had ceaBBd to be iu common . When Christianity returned , then the true brotherhood , or what people called Socialism , would again exist They stood there to say tbey were not the
encouragera of the outrages that bad taken place ; tbey knew nothing of them . The real author of the outrageB was Edward Abington , he was proved to have in his possession a silver pencil case , the property of Bailey Rose , stolen when bis bouse was burnt down . He bad asserted that he intended to have the initials taken out , hide it in a bottle of oil and get hia own initials engraved , when all suspicion was lolled . If it had not been for his ignorance of the rules of the Couit , be could have brought other stolen property home to Abington . He was seen on the night of the fires rubbing his bands with glee and saying what a glorious blaze it would be , -when tbe bouse caught fire . He was at Penton , when the outrages took place , giving drink to tbe men who were rushing to the scene of violence , he it was who threw out money to encourage the men , and asked if they knew where Bailey Rose lived ; was tbat inuendo ? Yet be was at large and encouraged , whilst tbey were to be consigned to a felon's cell ; yet this was
a witness whom tbe Learned Serjeant termed respectable , a man wbo fainted in court from tbe enormous weight of bis own perjuries , and one whose conscience would not support in bis villainy . He , the calumniator of the injured Bills , -who -was convicted on bis evidence , though he had previously declared tbat he wss not at 'the fire , or he , Abington , must have aeenJhim , though be only swore he saw him for a few minutes , and then only a aide face , and though Ellis distinctly proved an alibi , yet , on the evidence of this convicted felon , this perjured tool of tbe Com Law Leagme , was the noble Ellis sent across tbe seas . This Abington was the confidential servant of Mr . Ridgewsy , tbe great Com Law Repeater , was entrusted with tbe education of bis child in the business , was a delegate to tbat Conference in August last , where such strange resolutions were passed , which assembled only a few yards from the present Court , and assembled to defj the power of the Government , yet these men were at large , wearing their honours thick upon them , whilst him and hifl friend
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the two poor shoemakers , were thftro before iris Lordship . The Learned Se > jeant had sneered at his reputation of Peace , Law , and Order , was it strange that a mar . surrounded by dangers with bouses in flames around him , should insist upon the necessity of law and order ? but it was in Tain that he cried order , whilst a demon l ko Abington rubbed bis bands with glee at tbe sight of tbe flames . It was in vain tbat he cried Peace , whilst a demon in human form was inciting and encournairg them to violence . They atood there to denounce A iiington and tbe League , as the authors of the outbreak . What c imi he for an imprisonment of five or ten years iu thn cause of truth f He should glory in it . But they ooii . pinined of injustice ; bat they could not forget that num ' ers of poor persons had bt-en sent over the seas for
having h' ? n I'liitk-s in these out rare * . He bad beard the clanking of their chains at ten o ' clock at night when they v ? er ^ being sent away . Among them was Ellis , who had been convicted on the evMenee of a man who was tbe lm . me'liate a « ent of the Anti-Corn Law League , through which the whole of the outvay ^ s baa bet-. n occasioned . The Lwifim had contended , that the abolition of the corn laws wi > ul < l relievo the poor from their sufferings—he bad always urged the contrary . Aa soon as those laws were altured the rimnufacturors would reduce the poor man ' s wages , and ho would Boon be in a worse condition than he was already . He bad seen about one hundred and sixty prisoners during the time be was in gaol , and only ten of these persons wure Chartists , and the only person wbo had avowed himself
guilty of participating in the outrages had been < iismisbud from the Chartist society for bad conduct . He urged that the manufacturers bad combined to injure the poor man . and wished him to join the Anti-Corn Law League , but tbe poor man said—it is true the corn law may be an evil , but give us the Charter , that is what we want . The defendant then read passages from different pamphlets to shew the distress of the common order of workmen at Leicester and at the Potteries , and theu asksd tb « ir lordships if they could wonder at the people becoming Chartists , or tbat the starving poor Bhould take fire and become participators in outrages ? A poor man , his wife , and four children by hard work at stocking making , if they had employment , could earn 14 s . a week , but when a deduction was made from this
for rent and other things , tbe net sum was only Cs . a week for tbe support of a man and bis wife , and four children . Could their Lordships wonder at these people becoming Chartists ? The defendant Cooper then rsui from a Government report a statement of tbe ex * istinjj amount of diatreia in Nottingham , Glasgow , Leeds , and other large manufacturing towns . The misery to wbich be had referred bad driven men to the commission of nets of violence under the idea tbat their employers who cried out for cheap % iead were leagued against them . If tbey turned Chartists they were trusted as a publlo nuisance . If they turned Socialists it waa as bad . If they urged tbat there « as no God , or Do would not permit such misery , then tbey were Atheists . If tbe clergy , like Bishop Latimer of old , were
to . giid on their frieze coats , take the English Testament instead of tbe Greek , and visit the poor cottagers to see win ther tbey wanted bread or clothing , tuen thnre would be no complaint of want of affection to the Church ; there would be no want of attachment to its nitnintei-s . Mr . Cooper then detailed the content tbat , uatii tbe few last years , prevailed in Lincolnshir-, and suttd , th : it he bad imbibed tbe ennobling principles of democracy when only fourteen years old , by reading the glori < us history of Greece j but bis opinions thin were only theories—he bad then no practical acquaintance with other similarly constituted minds . All were then cont ^ uted and flourishing ; but even in Lincolnshire , dif > con : ei . t was now rasing . Peel
wus now putting his hand iatu their pocket ? . He had never beard nCbnrtist lecture until he huimt MnBon lecture two years ago , when be went to Leicester in his capacity of reporter . Ho then found tbat the principles of the Charier wore bis own priuciples . Till that journey to Leicester , he never k ew of t ) ie amount of distress wbich raged in tbe country . Mr . Cooper then described bis astonishment on bearing tho low rate of wageB paid in Leicester , and stated tbat from that hour he bad determined to endeavour to relieve the sufferers . He bad left a situation worth £ 300 a year on account ef bis principles , and would sactince everything to the cause of truth . He hoped that their Lordships would permit him , as be felt much exhausted , to proceed with tbe remainder of bis case to-morrow .
Tbe Loud chief Justice—We propose to hear you out this evening , Defendant Cuoper—I perceive tbat your Lordships ' judgments havu beeu prejudiced against me by the various publications to which I have referred . The Lord Chief Justice—I deny tbat we are influenced by any Bucb motives . You have needlessly occupied tbe time of the Court by reading documents and papers wbich have and can have no possible connexion with your case , and I cannot comply with your request Defendant Cooper—I feel myself physically incompetent to proceed with my case this evening . I trust that yeur Lordships will permit me to conclude tomorrow morning as I have the most important part of my case to go into . The Lord Chief Justice said that tbe Court had determed to sit that evening until tbe defendant concluded his case .
The defendant Cooper then proceeded to read various extracts from the AnliCorn Law Circular , embracing tbe sentiments of He . Bo wring and others wbo were connected with the Anti-Corn Law League . He asked whether those wbo used this exciting and inflammatory language and circulated it throughout tbe country by this Lfague were not to be prosecuted ? Why should not Dr . Bow ring and tbe men who supported this paper te prosecuted ? Tbe fact was , they were magistrates and members of tbe aristocracy , and therefore they escaped with i : npu : iity . The Anti-Corn Law League bad employed ltcturera who use language much stronger than any tbat fee and his aged friend bad ever used . He referred particularly to tbe sentiments promulgated by Mr . Finugin , a person in tbe pay of the Anti-Cora Law
advocates . Was Mr . Cubden to be allowed with impunity to say that three weeks would try tbe mettle of tbe country ? Mr . Cobden , the owner of cheap waves and tall [ cbiffini-ya , tbe mocker of the people , had declared tbat in the course of three weeks the people would understand the merits of tbe Corn Law question— that tbey would not require physical force , because the people were unanimous . That man bad used language ten thousand times more calculated to excite th » people to acts of insurrection than any that be bad ever used . He would ask Her Majesty's Solicitor-General whether it was his intention to institute a prosecution against Mr . Cobden ? Mr . Cobden was a Member of Parliament ; but was tbat to screen him from tne operation of the laws ? Then there was Mr .
Sturge , generally called Joseph Broadbrim , -who said be Was a Chartist , but whom in hia heart , be believed , to be no Chartist , or he would consent to be called by their name . He did not wish to be uncharitable to & man professing tbe B . tme principle ; but he could not believe such a man to be sincere . He bad not taken up time wantonly or perversely ; he bad only battled the case as he thought he was compelled to do , It was justice to himself and to the democratic body to which be belonged . Had hia strength permitted him he would have defended the principles of the Charter . The principlfcs were not n » w ; they were the same wbich were . entertained by FfX , Burke , and other persons of great talent many years since . Even Mr . Pat bad eaid those principles
wtre glorious and great Tbe defendant then argued in defence of the principles of the Charter . In conclusion , be said , that whatever tbe judgment might be bis faith in the principles of democracy was unshaken and wnuld bo rtmam , and whatever course might be taken by Government to put down the democratic feeling all the struggle would be in vain . Truth was abroad in every cottage , and if the clergy wouid not teach the people , the people were taught by some means or other . The schoolmaster was abroad , light was dawi . ing iu every corner of the kingdom . The p « i > p , ] e felt it was wrone that they should be compelled to drag on an existence , and work as tbey did , to pamper those who did not work , and who tyrannised over them . Let the Government become fatherly
and tb « protectors of tbe countTy , and a change would soon take place in the minds of tbe working classes . If the present evil system of Government continued , biB Lordship must not think th&t would be the last time a Chartist would be brought before him for judgment . I trust your Lordship will bear me when I assert on behalf of the great democratic body of this country , that 100 trials and eentencea would only have the effects of increasing thtir energies and strengthening their convictions . If be was sentenced to a dungeon , the first breath of heaven which he drew on his release , should be txpeuded in proclaiming liberty and the Charter . If , when he was again released , he saw misery existing as strongly aa before , tbey must not thiuk be would be leas anxiuus to effect a change . He believed he should
do this from the natural feelings of a benevolent heart . It wjs not that they were fond ef uttering Bedition—it wa 3 not that they were desirous of a struggle , or being men of desperate fortunes , that they were desirous of a revolution—having nothing to lose and everything to gain by a change ; but it was because they had hearts that felt for their fellow creatures that they were desirous of the Charter . He believed he might safely say he had a heart which felt for his fellow beings . He had contracted upwards of £ 100 debt in Leicester , in serving their cause . He bad given away last winter upwards of £ G 0 iu bread and coffee to those wbo were famishing for food —( Great sensation in the Court ) He did not think that iuiprisdnment would make him lees
desirous to serve them . The Judge at Stafford had spent fifteen minutes in commisseruting the distress of the poor . Their patience under their misery was a theme of praise in the House of Commons , and seeing that he bad moved against this mass of human miseryseeing tbat they bad better opportunities of being acquainted with it , and that their hearts were rent till they could endure it no longer . Were not these causes to plead in mitigation of any strong language which might bave been used . He trusted their Lordships would reflect on these things , and not send him and his snowy-beaded friend to prison , especially at bis advanced years . Hs thanked them for the patience and attention with whiob they bad heard him , and should confidently rest his case in their bands .
Lord Penman then called upon tbe counsel for the Crown to a duress tbe Court in aggravation , although it was balf-past six o ' clock ; he thought the Court ought not to give more time to this case . Mr . Serjeant Talfourd then addressed tbe Court It was wholly unnecessary for him to advert to many of
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the topics urg ^ -d by tha dtJendant ; the picture h « had drawn of the miseries » that prevailed amor . jj tho posrer classes were undoubtedly but too faithful , but 80 far from that forming anything like a palliation for the conduct of tbe defendants , tbat waa a most grievous aggravation of their offence . One of the defendants bad alluded to language wbich he said bad been used by some persons of considerable station in tbe country . Ail he could say wss , tbat if these articles were either written or spoken in the terms tbe defendant had read , be had no sympathy with those wbo bad uttered them , and if tbe partita were brought before the Court full and equal justice would be dealt out to them . No doubt there bad been great distress among the people in those populous districts , wbich was greatl / enhanced
by the disputes between tbe masters and the men : tbe latter had refused to work unlvsa they bad adequate wages . This involved no offence , but was a great calamity , because it was a great calamity that tbe ties between tbe higher and lower classes should be placed in a state of hostility . His case against Cooper was , that he watched his opportunity ; when he saw tbuir distress bad come and was increasing he had then made speeches relative to tbe People ' s Charter , in orderthathe might turn the passions of the people for tho purpose of exciting their minds relative to tbe Charter , which he could not hope speedily to obtain . Th < J Learned Serjeant then advorted to facts , and recapitulated evidence of which the public bave already bet-n often put in possession .
Ou tho 15 tli of Augusta meeting was held at the Crown-bank , and the two defendants attended . Cooper referred at tbat meeting to the field of corn and the Boldiers , and called upon a person to move the resolution that work should caase till the Charter became tbe law of the laud . Immediately after that in « -fctiui { 'had concluded , a number of p ' rsrtn who had betu present , and had beard tho exciting language of Cooper , commenced immediately committing various acts of depredation . They attacked the police-ifiico and released the prisoners . They broke op-n PriVi .-ral houses , eet fire to them , and destroyed the furniture . Where was Cooper at this period T At the commencement of these outrages Coo ; er was stationed in a house , receiving from Mr . Palmer accounts of the outness which
were being committed , at which he ( Cooper ) exclaimed , " Tbat is tbe way to do it . " Cooper did not upon tbat ocoasion protest against these acts of violence . Shortly after tbat both Cooper and Richards beaded a procession singing a Cbartiht hymn . Cooper certainly urged the mob not to got drunk , but what be actually said was , " Do not get drunk because you will be detected . " He ( Cooper ) bad lold the rioters that tbey bad done right in turning out tbe bands . He could not conceive haw any man who bad passed a resolution to the effect that tbe working men were to be forcibly turned out , and that no man waa to be permitted to work until tbe Charter was ¦ btained , could ask for a mitigation of punishment . If such a proposition was advocated by tbe defendants , a- d that was most conclusively established , tben be ( Mr . Serjeant Talfourd ) maintained tbat Cooper was guilty of an avert act of high treason . There was a direct connection between tbe speech of Cooper at tbe meeting at tbo Crown-bank an 4 the acts
of outrage wbich immediately followed the breaking up of tbe assembly . With respect to Richards , although not at tha meeting to which he referred , yet he was with Cooper when he received the accounts of the depredations of the mob . There was no doubt Richards had used language having a direct tendency to excite tbe people % o acts of violence , and oucht to be held responsible . Cooper had not during his trial called a single witness to prove tbat there wan the slightest connection between these outrages and the language used by members of the Anti-Corn Law League . He did not wish to press heavily upon the defendants , but that there were aets of violence committed , and tbat tbeae men were directly connected with them , there eould not be a question . There was not a doubt upon that point . Having taken a part in the trial of these men in Staffordshire , be could not do otherwise than itate to tlie Court the reasons why he thought tbe Court ought to pass judgment without any mitigation of puninhireut .
The Solicitor-Ge . nkral said the defendants were con- ; icu . 'ci of misdemeanour only , but it waa of a meat bciiuua cburactttr and called for a serious punishment In consequence of tho ^ tale of tbe Potteries , it bad been euby ro excite them to detds of outrage and to do tbat vvfaich was coutrory te the law . He believed it was not the ini . ^ nid .-d men who had already been puiiiahi-d that w . re tbe nisst guilty parties , but those by whom they had heen excited . The two defendants , wiih two ot . ' -. er persons who were now Buffering puuislratnt , bad met several times before these outbreaks ; they had frequently addressed the people in
language wbich teudeilto txcite them to acts of violence and outrage . Cooper bad addressed them the very day before this outbreak took place . T ae mob w&s at tbe time in a great state of excittratiit , but ttn-y induct ami Cuoper using one word having a tendency tocahu toeoi . or to bring bask their mimls to a sense « f their aUiKiUou . There was no remonstrance or attempt to bt .-p that mob when about to commit those outrage ** It won fur tbe Court to say what punishment should be awarded to him . As regarded Richards , he would wish the Court to give every leniency on account of bis age , ; but he appeared to have taken a very active part in the different proceedings .
Jit . Richards and Mr . Godson did not address tbe Court Mr . Justice Patteson then delivered the judgment of the Court in the following words .- —Thomas Cooper and John Richards , you bave been convicted upon an indictment which charged you with unlawfully , wickedly , and seditiously conspiring , combining , and confederating with div&rs other persons unknown to raise and make touts , riots , and sedUioun anil tumultuous assemblies nnd meetings of large number * and bodies of persons , in breach of the public peace , and to incite , provoke , and procure large numbers of persons at those meetings to meet to resist aad obstruct by force of arms the extcutiou of tbe laws , and tbat for the more effectually carrying out the said purposes to come there
armed with guns , pistols , and other weapons . That is the cturge laid in tbe indictment , and it gees on to say , that in furtherance of tbe conspiracy , you and the other persons did with force and arms , at Burslem , unlawfully and seditiously address and speak , and in tbe hearing of , divers subjects of the Queen , divers false , libellous , seaodalous , and inflammatory speeches , with intent then and there to excite and persuade them to discontent , " hatred , and disaffection of tbe laws and Government of the realm , and to resistance and violation of tbe laws and constitution of the Government . The charge therefore is , that of having conspired together for the purposes here stated ; and then the indictment fcoea on . to Btate tbat wben tbe assemblies did take place
the seditious speeches were made in furtherance of that conspiracy , but the indictment is n > t for the speeches but for the conspiracy . I mention this because it is of great importance that it should be known what the charge agains ; you was , because you , particularly John Richards , in addressing the Court have laid before us your opinions with respect to certain political matters wbich you call the " People ' s Cbartei , " as if you supposed you had been persecuted either for entertaining those opinions ox expressing tham . The case is not so . The indictment does not charge the holding of any such opinions , or expressing any such , or endeavouring to persuade others by argument and discussion to entertain those opinions alsoJ No such indictment haa been preferred , and therefore all you have said with respect
to your right to entertain them , with respect to its beintf right and wrong , is nothing to thn purpose in the present charge . Every rnau has a riijht to entertain such opinions as be may think fit with respect to the institutions of the couutry , and with respect to the possibility of their being made better by alteration , provided he entertain them , ami if he disseminate them , d <» es so in a proper manner , and relying upon the change being made by that connUtution oi the country , entrusted with the power of nuking tbat change . Alt tbe people in the country have no right to make that change . Tbe charge therefore ) is uot of entertaining any opinions with respect to the Ptope ' s Charter , nor of tjivinjj publicity to those opinions . Attain , iu the address made by you . Cooper , to tbe Court at
very great length , you have entered ful'iy and at large into tbe statement respecting speeches and publications supposed to hava been made by other persona , and wbich are supposed to contain very strong , very seditious , and very icfl unmatory language . You have at length entered into them , and the Court was unwilling to prevent your doing bo because you seemed to consider it was material you should enter upon that line as your defence , not aa a defence to this indictment , be cause you are not now making your defence , but were here addressing the Courtafter conviction in mitigation of punishment , and not on any motion to set aside the verdict found by the jury , nor on the supposition that the verdict was contrary to the evidence , but to urge such things upon tbe Court as might induce them to see if
they could , as they are alwajs glad if they cm , mitigate the punlshmont You made many statements with respect to the publications of other persons , and particular observations to show tbat a great many speeches and publications had taken place by persons you call the Anti-Corn-Law League . It is not quite clear with what object precisely those observations were laid before the Court If intended to inculpate the Corn Law League , to Bring any charge against them , to bold them up to censure , they are not before us , and we cannot take it as a fact that these things were published by them at all . If we had eeen your affidavit , stating that these things had been so published by them , still it would be the height of injustice that this Court should allow persons wbo were absent to be inculpated and censured by anything that might pass in this court without their having an opportunity
of meeting tbe charge or showing it to be false , and therefore it would be wholly improper for us to suffer sucb observations and accusations to be put upon tbe flies of this Court by way of affidavit If these observations were made with a view of inducing this Court to belief e that yon bad been partially dealt with , as it seemed to me they were , because you said the Government had acted partially in preferring an indictment against a poor man , and passing over what had been published by other persons in higher stations in life ; if that was your object , then , we will suppose for the moment that sucb publications bave actually taken place , and we might do so without casting any imputation on any person supposed to have been tbe autko / of tbum ; but this Court has nothing to do with tbat ; it does not deal with tbe rich in one way and witb the poor in another . Any accusation brought against a man ,
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b « he rich or poor , tbe Court will deal with him ns the law of the lwncl requires be should be dealt witb , wi thout reference to the question of wealth or poverty . Tiiia Court does not institute proceedings against any man they are brought by others ; and therefore this Courtis not tft be charged with administering the law one way for tbe ricb and another way for tbe poor , because tbo rich man has not been brought before the Court at all . It these things did actually take place , it was tbe duty of other persons to bring before us the parties so acting and tben it would be our duty to deal with them but it can be no excuse for any man found guilty of an offence to charge oth « persons with having committed a similar offence who are not prosecuted and brought before the Court ; that can be no excuse for any man .
The passages you bave read and the language which you aay has been used on various occasions appi .-ar to have been of a very strong inflammatory and wicked description , and I do not at all hesitate to say , that if prraona bave been guilty of usiug that language deliberately and intentionally , and it is brought clearly home to them , no doubt tbey weuld bave committed a serf . ous cftVmee for which they would be severely punished , and it may be that they ought to be brought before the Court ; but the Court cannot tell that such things bave taken place . But , indeed , if any evidence bad been produced on the trial , to Bhow that these publications bad already taken place , that they had been disseminated among " the people whom you addressed in the month of August , and tbat these people
had been excited to acts of violence by those publications , or if it could have been proved that agents had been in that neighbourhood stirring up tbe people to acts of violence , if you could have shown tbat they committed acts of violence at the instigation of others and you bad nothing to do with the others , it would have been a ground for an acquittal , or it might afterwards bave been a subject for the consideration of this Court as to the punishment they were to pass upon you ,- but there Is no such evidence to be found of any . thing of this sort—nothing but mere surmise on your part with -which the Court cannot deaL Then . sup . posing t' : ero was some evidence of the people having been uxcited Vefore , if that were known to you at tho tiin < 3 it mai ' e it incumbent on you to take care that
you did uet , iu adverting to the People's Gharter , add to that excitement and discontent Take it in any way , there is not any evidence which enables this Court to fix upon any person as having been the instigator of what took place , or that can even form any defence , any reason why we should not pronounce onr sentence upon the supposition of any other person being concerned . In the course of your address you have repeatedly urged that the jury were induced to find a verdict against you . aa if it was a wrong ver ^ diet , because it appeared you bad been in the course of your address on tbe 14 th of August speaking very strongly with respect te the bishops and clergy ; and therefore you thoueht that it was to have teen taken that you had instigated the mob to set fire to Dr . Bates ' s
bouse ; but no such argument took place at all It is clear that the jury found their verdict upon the general evidence , upon tbe whole case taken together , upon the conviction that there was a combination between you two and others . And with respect to any speeches made or language used towards the clergy , it was a mere circumstance , not tint you bad been the cause that had induced the people to commit the destruction , but we sea here the state of things wbich at tbat time existed , and , what has been stated already by tbe learned counsel , how , before you went into the Potteries in the month of August , there bad been many people out of employ , there was - great distress in the country , much dispute between the masters and tbe workmen with respect to wages , great hostility existed as early as
April . It appears tbat a great many were out of employ , and it was put to the jury with respect to that circumstance in the most favourable view for you that could possibly be , because tbe Learned Judge told tbo Jury a workman had a right to demand what wages he thought his labour entitled to , and that he was not obliged to work for any lower wages—tbat he has a right to stipulate for what wages he will bave ; and no doubt that workmen , if they agree as to wages , if it U done peaceably and without intimidation , may do go , and not commit a breach of the law ; but theu when tbey came to another matter in which it was clear yon bad reoommenrled to all persons to abstain from work at all , net to insist upon having particular wages , but recommending all persons to abstain from woTkisg alto *
getber until the Charter became the law of tbe landthat matter is a very different one indeed . This Court does not say it is lawful for any men to combine not to do any work at all , and tbat it is clearly illegal for parsons to compel other workmen throughout the whole country to abstain from work until the Charter becomes the law of the land . That is an act which has been characterised as an overt act of treason ; at all events , it is most unlawful . When we consider the number of persons tbat were at tbat time ready to commit any muchief , and did commit all sorts of ontras ; e , although you say they were not Chartists , the mischief dt > ne by addressing a large number of persons indiscriminately must bave been apparent It might have been different if you bad bean addressing you own club . Several meetings were held where yoa addressed the people , and even after you had heard of the outrages you addressed them , but you Hi not say I will not have anything more to co with
yo * . you are not tbe men I took you for . It is clear the jury were well warranted in their verdict Fou told the people not to steal , but you told them not to work , and they must have a sufeBiatence , and the inference , therefore , was clear . Aa to tho defendant Richards , it nppecra that be used words with respect to her Majesty—that he said " To hell with her , " and other language equally improper , and it is clear that you were combining together for the purpose charged against you . Taking all the circumstances into consideration , and that you , Richards are much advanced in years and have bean already confined some time , the Court thinks it riijto to make some distinction in your punishment The sentence of the Courtis—that you , Thomas Cooper , be imprisoned in Stafford Gaol for two years ; and you , John Richards be imprisoned in the same place for one year ; arid in the meantime be committed to the custody of the Marshal of the Marshabea .
Cooper then begged that he might be allowed to remain in the Queen's prison . ; The Court would decide in the course of the term . Cooper then asked if he might have literary privileges allowed him , but The Court said it could not interfere with the regulations of the nrison .
MONDAY , May 8 . THE QUEEN V . GEORGE WHITE . The Attorney-General ( with whom were the Solicitor-General , Mr . Sergeant Adams , and Jttt . M . D Hilll moved for the judgment of tbe court on this defendant , who had been convicted at the last assizes at Warwick , for uainjr seditious language at certain public meetings at Birmingham , and in placards aud letters issued by hira . The defendant appeared on the floor of the conrt , to' speak in mitigation of punishment Mr . Justice Wightman read Mr . Baron Aiderson'a notes of the trial .
The Defendant then addressed the court He complained that he was ill-used , for he was prosecuted merely for matter of opinion . He was a Chartist , and that was the reason he waa prosecuted . Every man wbo bad opinions would , if he seas an hum-st man , express those opinions . He would do so . Nothing should prevont him from doing what he c naidered to be the right of an Englishman . If magistrates chose to turn fools , tbat was no reason why he should give up his rights as a man . The meetings which he was prosecuted for attending had nothing to do with the turu-out . They were held to discuss Chartist principles . There was no seditious language used at those ineuting 8 . The witnees who spoke to such words having been used , had admitted that she was a prostitute
and a tkief . She was not fit to be beliav a ; and all tbe witnesses had admitted tbat he had told lii * people to be p * : iceable . Why was he brought to the court ? It it « 4 i 3 the intention of the Judges to bring the law into contempt among the working people , this was tha way to do it . Ha could bav « brought 4 ha tradeameu fiom two streets who ¦ would bave sworn that there w » s no cause for apprehension . The police euuid not find any tradesmen who would give evidence against him . If because persons differed in politics , their words were to be watched and turned abont , and tfeen held to be seditious , their Lordships would have nothing else to do but sit there and try persons for that offence . The evidence waa of the most trumpery description , and the witnesses were so Ignorant the / could not repeat
one sentence after another . If they were not to attend public meetings , what would become of tha poor WorkiDg chiss . s 1 It waa better and more manly to stand up avd ; ivow your principles than to skulk in a corner and t >? ci ; niu conspirator . So long as he felt tnat a system wa-i soing on which injured him , he would express bis sentiments , and do what be could for hia suffdtini ; ouatrymca . Taik of law , how could a workiu ; - ; m-iu come to this court for justice if he could not provlucd a sum of mojey ? Tieru was no law for him , and tL .-rcforo be called upon the court to protect him , aud he trusted thtir Lordships would not aJJo w him to be hunted about in this manner ; that they would show to the country that there waa still justice for tho working man . It would have done more good if the whole of these prosecutions had been given up . It was clear tbat these prosecutions were carried on iu a vindictive spirit If a rich man had started up meet
and recommended tbe people to attend a public - ing , would that man have been indicted for sedition ? Certainly not It was not a crime to do that which tho jury had declared not to be unlawful . Part of the sedition charged agairat him was only proved by a stupid , ignorant fellow , who had said he ( Whito ) had told the men to be prepared to stand against the police , and to bring their jackets with them , and bring tb- m in their jacket-pockets . Wbat sense was therein this ? Either they were to bring the police in their jacket-pockets , or their jackets themselves in tbeir jacket-pockets Mr . Baron Aldenon bad said the language was perfect nonsense ; but if he was to be sent to prison upon sucn stuff as this , so be it . Instead of his being placed there , tbe Birmingham magistrates should bave been brougnt up for abusing tbeir omce , tor making u . s of tbsir little paltry ptmtr to lay bold of a man who was no favourite of theirs , Le Laving been opposed to their corporation . Many of those persons before tha passing of the Jlum-Continued m our seventh page . )
Untitled Article
fi THE NORTHERN STAR ^_ ' ' I" - '' .. . ' ' , II— ¦¦ -.. . , ,. - ' . ¦¦ - , - " " ¦ ¦ . ¦ ¦¦ . ^_^ m ; - — - , „ ¦ , ^ ^ ^ g ^ y ^
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Citation
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Northern Star (1837-1852), May 13, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct802/page/6/
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